This is messy.
CCTV pointed at your house? you've got nothing. The camera is on their property.
Audio? well that is a bit murky. I reckon you'd have to be able to establish the audio is installed for the purposes of listening to YOU. BTW what ever audio they record would be inadmissable in court. That said if they caught you talking about your special tomato plants growing in the shed it might be enough for the cops to come and ask questions.... Chance of that being enough for a search warrant? Nope. But if the cops have a catalogue of other stuff against you then the audio could help give cause for a search warrant (maybe)
CCTV pointed at your house? you've got nothing. The camera is on their property.
Audio? well that is a bit murky. I reckon you'd have to be able to establish the audio is installed for the purposes of listening to YOU. BTW what ever audio they record would be inadmissable in court. That said if they caught you talking about your special tomato plants growing in the shed it might be enough for the cops to come and ask questions.... Chance of that being enough for a search warrant? Nope. But if the cops have a catalogue of other stuff against you then the audio could help give cause for a search warrant (maybe)
Hi Manyquestions and Jaywoo220 (the original questioner),
1. there is currently no law restricting CCTV in a private residential setting (this is very different from a workplace setting, which has specific laws) to point at a neighbour’s property. However:
a. In certain situations it can be a civil issue of nuisance - when the camera can disrupt the neighbour’s enjoyment of the property e.g. camera point directly into backyard and there is no reasonable way for the camera to be blocked from view; or if it emit light (light pollution), an environmental issue; and
b. In certain situations it can be a criminal issue - e.g. voyeurism, apprehensive violence - if you feel unsafe report to the police.
2. There is currently no law restricting CCTV with audio in a private residential setting either, but without consent, it can be an illegal audio recording and subject to criminal consequence.
3. in an admissibility of evidence in a court proceeding situation, it is quite complicated but an illegally obtained audio recording could potentially be inadmissible. I say could be however because the court has overriding jurisdiction to accept evidence if it is in the interest of the administration of justice, so it is not certain.
Good luck!
-Nighthelyn
1. there is currently no law restricting CCTV in a private residential setting (this is very different from a workplace setting, which has specific laws) to point at a neighbour’s property. However:
a. In certain situations it can be a civil issue of nuisance - when the camera can disrupt the neighbour’s enjoyment of the property e.g. camera point directly into backyard and there is no reasonable way for the camera to be blocked from view; or if it emit light (light pollution), an environmental issue; and
b. In certain situations it can be a criminal issue - e.g. voyeurism, apprehensive violence - if you feel unsafe report to the police.
2. There is currently no law restricting CCTV with audio in a private residential setting either, but without consent, it can be an illegal audio recording and subject to criminal consequence.
3. in an admissibility of evidence in a court proceeding situation, it is quite complicated but an illegally obtained audio recording could potentially be inadmissible. I say could be however because the court has overriding jurisdiction to accept evidence if it is in the interest of the administration of justice, so it is not certain.
Good luck!
-Nighthelyn
It doesn't really matter if the recordings were legally obtained unless the matter goes before a court. At that point, it is up to the trier to determine if the evidence will be allowed.
Courts have to power to either:
1. reject the evidence on the grounds that the offence committed in obtaining the evidence was not justified in the circumstances; or
2. allow the evidence on the grounds that doing so is in the interests of justice, regardless of the offence committed.
To have the evidence dismissed, you would have to essentially show that:
1. the offence committed in obtaining the evidence is far more serious than the matter before the court; and/or
2. that the evidence could have been obtained without committing the offence.
Before continuing, the statement "there is currently no law restricting CCTV in a private residential setting" is incorrect. Recording audio or video is covered by the NSW Surveillance Devices Act.
That said however, the Act does allow for recording audio without consent if doing so is reasonably necessary in order to protect the legal interests of the party making the recording. So basically, if there is a proven history or AVO involved, then the recording would likely be deemed legally obtained.
Courts have to power to either:
1. reject the evidence on the grounds that the offence committed in obtaining the evidence was not justified in the circumstances; or
2. allow the evidence on the grounds that doing so is in the interests of justice, regardless of the offence committed.
To have the evidence dismissed, you would have to essentially show that:
1. the offence committed in obtaining the evidence is far more serious than the matter before the court; and/or
2. that the evidence could have been obtained without committing the offence.
Before continuing, the statement "there is currently no law restricting CCTV in a private residential setting" is incorrect. Recording audio or video is covered by the NSW Surveillance Devices Act.
That said however, the Act does allow for recording audio without consent if doing so is reasonably necessary in order to protect the legal interests of the party making the recording. So basically, if there is a proven history or AVO involved, then the recording would likely be deemed legally obtained.
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